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Has the company correctly signed the contract? Director’s personal liability for incorrectly signed contracts

Australia - January 29 2015 In the recent case of Knight Frank Australia Pty Ltd v Paley Properties Pty Ltd[2014] SASCFC 103, a $1.5 million purchase contract was signed by only…

Charles Sweeney

Unconditional bank guarantees: ‘like cash in the bank’. But not always …

Australia - October 19 2017 It is common in construction and commercial leasing transactions for a party to provide an unconditional bank guarantee to secure the performance of…

Rocco Russo

Can a guarantor avoid liability if they do not sign the guarantee as guarantor?

Australia - July 7 2020 An alleged guarantor may seek to argue they are not liable because, although named as guarantor, they did not sign the guarantee as guarantor but…

Ben Williams

Assignment of debts, statutory demands and offsetting claims

Australia - July 18 2016 It is not uncommon for a creditor (assignor) to transfer their right to receive payment of a debt (assignment) to a third party (assignee). The…

Dangers of irrevocable authorities and breaches of fiduciary duty

Australia - October 24 2014 When a debtor owes money to a creditor, it is not uncommon for the debtor to propose that the creditor be paid from the proceeds of a sale or other…